Ganesh Sharma And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7928 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -SC/ST District- ARRARIA =====================================
1. Ganesh Sharma, Son of Baijnath Sharma.
2. Manish Sharma, Son of Baijnath Sharma.
Both are residents of Village - Kumhara, P.S. - Bounsi, District - Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kr. Sharma, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (Spl.PP.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of S.C./S.T. Araria P.S. Case No.17 of 2015, disclosing offences under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(i) (ii) and 3(i) (iv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court Cr.Misc. No.7928 of 2016 (2) dt.06-04-2016 2/3 Learned counsel for the petitioners submits that land dispute between the parties is the reason behind the institution of the First Information Report, as is evident from the First Information Report itself. He further submits that considering the nature of accusation, no offence, under Section 3(i) (ii) and 3(iv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, is made out against the petitioners.
Considering the nature of accusation and the dispute between the parties, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with S.C./S.T. Araria P.S. Case No.17 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part
Patna High Court Cr.Misc. No.7928 of 2016 (2) dt.06-04-2016 3/3 to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T